Abstract

Presumption and Burden of Proof issues play a unique role in argumentation studies. Particular argumentative methods and techniques may advance or deter a line of reasoning, but burden and presumption issues decide when a line of reasoning is needed at all. There is little doubt that burden and presumption issues are hugely influential in determining the outcome of conflicts. In law, most burden and presumption issues are typically decided well before trials proceed and in fact must be decided in order for trials to go forward. Once the burden and presumption issues are decided, some cases resolve themselves. And so being able to shift the burden of proof or change presumption is a power that seems to be qualitatively different from the power of ordinary argumentative techniques. For it is a power that shapes the rules whereby arguments proceed and the standards by which they are evaluated. Other kinds of arguments take place within the framework established by burden and presumption. Burden and presumption govern argumentation, make it possible, limit and define its outcome.